Michael Jason Kingery v. State of Texas--Appeal from 350th District Court of Taylor County

Opinion filed November 8, 2007

In The

Eleventh Court of Appeals

__________

 Nos. 11-07-00308-CR & 11-07-00309-CR

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MICHAEL JASON KINGERY, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 350th District Court

Taylor County, Texas

Trial Court Cause Nos. 8102D & 8084D

O P I N I O N

The trial court convicted Michael Jason Kingery, upon his pleas of guilty, of forgery[1] and possession of methamphetamine.[2] In each case, appellant entered pleas of true to both enhancement allegations. Plea bargain agreements were not reached, and the trial court assessed punishment at confinement for ten years for each offense. We dismiss the appeals.

The sentences were imposed in open court on June 19, 2007. Motions for new trial were not filed. On October 12, 2007, appellant filed in the trial court his notices of appeal. On October 17, 2007, appellant filed in this court his motions for extension of time in which to perfect his appeals. Counsel on appeal notes in these motions that he was not appointed until October 2, 2007.

Pursuant to Tex. R. App. P. 26.2, the notices of appeal were due to be filed on or before July 19, 2007, thirty days after the date the sentences were imposed. Motions for extension of time were due to be filed on or before August 2, 2007. Tex. R. App. P. 26.3. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant may be able to secure out-of-time appeals by filing postconviction writs pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2007).

The motions are overruled, and the appeals are dismissed for want of jurisdiction.

PER CURIAM

November 8, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

[1]Cause No. 11-07-00308-CR.

[2]Cause No. 11-07-00309-CR.